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Madras High CourtCRL OP/28349/2017dismissed

Murugan, 45 Yrs, v. State By,

2021-11-30Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2021 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl. O.P. No.28349 of 2017 and Crl. M.P.Nos.16102 & 16103 of 2017 Murugan S/o.Thandapani ....Petitioner/Accused

Versus

1. State represented by The Inspector of Police, Cuddalore N.T.Police Station, Cuddalore (Crime No.669/2016) ...Respondent/Complainant

2. Selvarasu ...Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records and quash the charge sheet in C.C.No.127 of 2017 on the file of the learned Judicial Magistrate II, Cuddalore, Cuddalore District. For Petitioner ... Mr.A.Arasu Ganesan For Respondents ... Mr.S.Vinoth Kumar Government Advocate (Crl.side) for R1 Mr.K.Ramesh for R2

O R D E R

This petition has been filed to quash the final report filed against the petitioner in C.C.No.127 of 2017 for the offences under Section 420 IPC.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing on behalf of the first respondent.

3. It is submitted by the learned Government Advocate (Crl.side) that five witnesses have already been examined and remaining witnesses are to be examined before the trial Court. https://hcservices.ecourts.gov.in/hcservices/

4. As the trial Court has already commenced trial and substantial part of witnesses have already been examined, it is within the domain of the trial Court to appreciate the evidence tendered before it and come to a conclusion whether the evidence tendered before it constitute the offence for which the petitioner has been charged.

5. Therefore, this Court is not inclined to exercise the jurisdiction under Section 482 Cr.P.C and accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar gpa/gba To

1. The Judicial Magistrate II, Cuddalore, Cuddalore District

2. The Inspector of Police, Cuddalore N.T.Police Station, Cuddalore (Crime No.669/2016)

3. The Public Prosecutor Madras High Court Chennai.

+1cc to Mr.K.Ramesh, Advocate, S.R.No.62720 Crl. O.P. No.28349 of 2017 and Crl. M.P.Nos.16102 & 16103 of 2017 SVI(CO) RGA(10/12/2021)(27/12/2021) https://hcservices.ecourts.gov.in/hcservices/